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January 30, 2007

Town of Queensbury

QUEENSBURY OFFICIALS DEBATE ETHICS RULES:

Accusations flew when the Town Board met with the town Ethics Board on Monday night to discuss concerns about the impartiality of Ethics Board members and the possibility of updating the town ethics code and requirements for membership on the Ethics Board.

Councilman John Strough charged that two members of the Ethics Board could not have rendered an impartial decision in an ethics dispute between Strough and Councilman Tim Brewer last summer, because those two members had written letters supporting Strough's opponent, Leo Rigby, in the 2005 election.

In addition, the two members -- Tom Haley and Gordon Ostrander -- are members of the town Republican Committee, and Strough is a Democrat.

Strough has drawn up a proposal for new language for the ethics code that states that no member of the Ethics Board shall "Endorse, support, oppose, or work on behalf of any candidate or measure in a town of Queensbury election," nor should they "hold office in any political party or political committee or be a member of any organization or association organized primarily for the purpose of influencing legislation or decisions of public agencies."

January 26, 2007

Automatic Removal from Office

Pay attention, sleazebag public officials: before you take the deal next time ask yourself if you're pleading to something that involves "willful deceit or a calculated disregard for honest dealings."

HOLT DISMISSAL BECOMES LEGAL CHALLENGE:

Fuel for George A. Holt Jr.'s swift expulsion from office can be found in a 1993 court ruling that helps express why some taxpayers felt so angry when the Erie County legislator pleaded guilty to tax violations but then remained on the job.

"The public has a right to rest assured that its officers are individuals of moral integrity in whom they may, without second thought, place their confidence and trust," said New York's highest court, the Court of Appeals, in Duffy v. Ward.

The justices found that a New York City police officer should not have lost his job when he followed a motorist into his home after an off-duty traffic dispute. Criminal trespass was not a charge that displayed a lack of integrity, so he had not violated his oath of office.

But the justices did set a recognized standard that, when breached, could automatically toss public officials from office for violating their oath. They said criminal convictions involving "willful deceit or a calculated disregard for honest dealings" were enough - felony or not.

County Attorney Laurence K. Rubin said he found too many similarities last week when he compared the text of the Duffy decision to Holt's crimes. To Rubin, it seemed that Holt served his last day as a legislator Jan. 8, the day he pleaded guilty to keeping $20,000 in sales taxes collected at his Buffalo restaurant. He admitted "willfully" filing two false sales tax reports from 2004.

"I thought I had to bring it to the attention of the Legislature because I thought it could impugn the integrity of the actions taken by Mr. Holt," Rubin said. He first told Legislature Chairwoman Lynn M. Marinelli of his suspicions Tuesday, and she alerted Holt to Rubin's research as a courtesy.

Holt's presence at any Legislature or committee meeting was enough to call any action into question if he created a quorum or cast a deciding vote. With a round of committee sessions set for Thursday, Rubin wanted to act quickly.

After 4 p.m. Wednesday, Rubin told Marinelli that indeed his research showed Holt "vacated" his Legislature seat by pleading guilty. Then, with a call from Marinelli, Holt learned that his 13-year career as a legislator had ended, assuming his lawyers cannot win back his job.
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Democrats last week asked Rubin to assess whether the Republicans' proposal made legal sense. He soon found the Duffy v. Ward decision. He also found a state attorney general's opinion from 1997 upholding the removal of a state university trustee on an attempted larceny charge and an attorney general's opinion in 1999 agreeing that a Hudson Valley-area school board member lost her seat when convicted of petit larceny after illegally collecting unemployment insurance.

Rubin also found an Appellate Division case from 2000, Bowman v. Kerik, agreeing some New York City corrections officers did lose their jobs when pleading guilty to filing fraudulent state income tax returns. The bedrock for these cases was the state Public Officers Law and Duffy v. Ward.

Mr. Holt's attorneys disagree with the outcome, naturally.

August 13, 2006

Town of Whitestown

PRIVATE, PUBLIC BUSINESS INTERSECT IN WHITESTOWN:


Two town officials' business dealings with an Oriskany developer now under FBI investigation have put a spotlight on the effectiveness of the town's 25-year-old ethics law amid calls by a council member for Whitestown to strengthen requirements for disclosure of possible financial conflicts.
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Under general municipal law, all municipalities must have a code of ethics. Whitestown's code was adopted in 1981 and has not been updated since, records show. The code of ethics addresses prohibited actions, conflicts of interest and standards of conduct to which Whitestown officers and employees are expected to adhere.

Sullivan said he will put forward a resolution at Wednesday's Town Board meeting that would require elected officials and town employees to disclose once a year information that could be considered a conflict of interest with their roles in the town. The existing code requires only that town officials disclose any interest in pending town legislation.

If a conflict arises during the course of the year, then disclosure should be immediate, Sullivan said.


May 17, 2006

Town of Victor

VICTOR REVISITS QUESTION OF ETHICS

Victor resident William Bowen was troubled enough by a proposed development project in his town last year that he wanted to complain to the local ethics board, but he found out there was no board to go to.

That's soon expected to change.

The Victor Town Board is putting the final touches on a new Board of Ethics and is likely to vote on this proposal later this month.

"All of us know from experience that good government thrives in sunshine," said Bowen, a professor of environmental medicine and dentistry at the University of Rochester.

If Victor creates an active ethics board, it would be more than most towns in the state now have.

But the desire for such a panel in Victor raises questions about what an ethics board should regulate.

Bowen and some other residents want the Board of Ethics to address the issue of developers approaching town officials to discuss their projects outside public meetings.

Town Supervisor Leslie Bamann, who took office in January, said that she wants to look at the concerns raised, but added that she hasn't had a major issue with the current practice.

"There is no distinction between a resident thinking about moving here and a company thinking about moving here," Bamann said.

But Town Board member Peter Hessney, who also took office in January, said that while he can understand why developers would need to be in contact with the supervisor to get information about a potential project, they shouldn't be contacting other members of the Town Board on an individual basis.

"I don't think it's a good practice," said Hessney, who said that four or five developers have tried to contact him since he took office.

"I personally don't like developers calling me and putting me in uncomfortable situations. I'd much rather do it with all my board and have everyone hear what I am doing."
Victor has a law that provides for a Board of Ethics, but the board hasn't met in more than a decade and has no members. The new board would have three members appointed by the Town Board; town employees wouldn't be eligible to serve. State law does not require a town to have an ethics board. It only requires that localities have a code of ethics.

Many of the larger towns in the area have ethics boards but they see little activity.

"It hasn't been used for years," said Chili Supervisor Tracy Logel.

Douglas Whitney, chairman of the ethics board for Perinton, noted his panel would be activated by a written request from a town employee who has a question about what is permissible conduct.

"We haven't received a request for some time," Whitney said.

In Manchester, Ontario County, an ethics board does not exist, but town Supervisor Bill Eddinger said that a board would be created if one were needed to address a particular problem.

The Greece Board of Ethics focuses on reviewing the disclosure forms required of about 50 town employees and members of various boards.

"We look for red flags," said Ray DiRaddo, who is town attorney and a member of the town's Board of Ethics.

Since DiRaddo joined this ethics board about a year ago, the board has met twice — once to review disclosure forms and another time to review a request from a former town employee who wanted to work for a company that had a matter pending before the town.

State law provides certain conflict-of-interest prohibitions against local officials.

But the Temporary State Commission on Local Government Ethics issued a report in 1993 that concluded that the laws are "inadequate and indecipherable."

Town ethics laws often mirror the vague state law, said Mark Davies, who served as executive director of the state Temporary Commission and is now executive director of the New York City Conflicts of Interest Board.

April 07, 2006

Town of Orchard Park

STATE LOOKING AT ORCHARD PARK'S DEAL ON INSURANCE:


The New York State Attorney General's office is reviewing the Town of Orchard Park's insurance committee arrangement, and a representative had "deep concerns," according to Supervisor Mary Travers Murphy.

Travers Murphy said at Wednesday night's Town Board meeting that she had asked the Attorney General's office whether the insurance brokers committee setup violates any state laws.

The committee, made up of six brokers from within the town, makes recommendations to the town on insurance and one of its members writes the liability insurance for the town - a $500,000-plus per year account. That member also pays each other member of the committee a commission, usually between $3,000 and $6,000 a year.

"I was concerned about the legality of the commission," Travers Murphy said.

Town Attorney Leonard Berkowitz said the town will ask the Attorney General's office for a formal opinion and will comply with that.